Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 180-S.F.No. 588 
           An act relating to timber; providing penalties for 
          intentional damage to timber processing, 
          manufacturing, or transportation equipment; providing 
          penalties for possessing certain devices to damage 
          timber processing, manufacturing, or transportation 
          equipment; permitting cancellation and substitution of 
          certain timber permits; proposing coding for new law 
          in Minnesota Statutes, chapter 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [609.591] [DAMAGE TO TIMBER OR WOOD PROCESSING 
AND RELATED EQUIPMENT.] 
    Subdivision 1.  [DEFINITION.] As used in sections 1 and 2, 
"timber" means trees, whether standing or down, that will 
produce forest products of value including but not limited to 
logs, posts, poles, bolts, pulpwood, cordwood, lumber, and 
decorative material. 
    Subd. 2.  [CRIME.] Whoever, without claim of right or 
consent of the owner, drives, places, or fastens in timber any 
device of iron, steel, ceramic, or other substance sufficiently 
hard to damage saws or wood processing or manufacturing 
equipment, with the intent to hinder the logging or the 
processing of timber, is guilty of a crime and may be sentenced 
as provided in subdivisions 3 and 4.  
    Subd. 3.  [PENALTIES.] A person convicted of violating 
subdivision 2 may be sentenced as follows: 
    (1) if the violation caused great bodily harm, to 
imprisonment for not more than five years or to payment of a 
fine of not more than $10,000, or both; 
    (2) otherwise, to imprisonment for not more than one year 
or to payment of a fine of not more than $3,000, or both. 
    Subd. 4.  [RESTITUTION.] In addition to any sentence 
imposed under subdivision 3, the sentencing court may order a 
person convicted of violating this section, or of violating 
section 609.595 by damaging timber or commercial wood 
processing, manufacturing, or transportation equipment to pay 
restitution to the owner of the damaged property. 
    Sec. 2.  [609.592] [POSSESSION OF TIMBER DAMAGE DEVICES.] 
    Whoever commits any of the following acts is guilty of a 
misdemeanor: 
    (1) possesses a device of iron, steel, ceramic, or other 
substance sufficiently hard to damage saws, wood processing, 
manufacturing, or transportation equipment, with the intent to 
use the device to hinder the logging or the processing of 
timber; or 
    (2) possesses a chemical or biological substance, 
mechanical equipment, or tool with the intent to use it or 
permit its use to damage timber processing, manufacturing, or 
transportation equipment. 
     Sec. 3.  [TIMBER PERMIT; SUBSTITUTION OF NON-OLD GROWTH 
TIMBER.] 
    Notwithstanding Minnesota Statutes, sections 90.031, 
subdivision 4; 90.101; 90.14; and 90.151, if any timber permit 
sold at public auction prior to December 31, 1990, included 
timber that would be a candidate for old growth status under the 
department of natural resources old growth guidelines dated 
December 28, 1990, the commissioner, with the consent of the 
permittee, is hereby authorized to cancel, in whole or in part, 
or modify such timber permit and substitute, for the timber 
which has been withdrawn from the timber permit, an equivalent 
volume of other non-old growth timber at appraised value from 
areas not designated for cutting on the original timber 
appraisal report or from other state lands.  The commissioner 
shall adjust the amount of the advance payment and bond on a pro 
rata basis. 
     Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment and apply to crimes committed on or after that date.  
    Section 3 is effective the day after final enactment. 
    Presented to the governor May 21, 1991 
    Signed by the governor May 24, 1991, 4:35 p.m.